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San Jose, CA sexual assault defense attorneysIn criminal court cases, the state has a limited amount of time to bring charges against alleged offenders. Known as the statute of limitations (SOL), once this time period has elapsed, the person may no longer be prosecuted for the crimes. However, in cases involving sexual assault, these time periods were abolished in California. This allows victims to come forward and press charges based on incidents that happened years in the past. A San Jose track coach was recently arrested and charged with a series of sex crimes that allegedly occurred more than a decade ago.   

San Jose Man Accused of Sex Crimes Against Minors

The 56-year-old owner of Marshall Sports Performance and Fitness in San Jose was working at Branham High School as an after-school track coach when allegations surfaced that he had sexually assaulted minor students in the past. The incidents allegedly occurred more than 10 years ago when he was a teacher at Valley Christian High School. 

Investigators say that numerous victims came forward and made allegations that the man had committed sexual acts against them in his classroom over the course of the 2004-2005 school years. He has been charged with 12 counts of sexual penetration with a person under the age of 18 and another 12 counts of oral copulation. 

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San Jose CA embezzlement lawyerEmbezzlement charges are a serious matter. Stealing from your employer and diverting funds into your own or even other accounts can leave you facing serious criminal penalties in California. If the amount you are accused of misappropriating is large enough or involves people and companies in other states or countries, it could also result in federal charges. Even the accusation of this type of crime can ruin your career and your reputation within the community, which is why you need an experienced criminal defense attorney on your side to respond immediately to these charges. 

Former Tesla Employee Faces Heavy Jail Sentence 

A former San Jose man was indicted by a grand jury in November 2018 on charges he was part of a $9.3 million embezzlement scheme while working for car manufacturer Tesla’s Global Supply Management group. The Silicon Valley Business Journal reports that the 32-year-old man joined Tesla in 2013 as a purchasing specialist, rising to the level of group manager of the Global Supply Management and Industrialization team in 2017. He is accused of hatching a plan over the course of 2016 and 2017 to divert funds owed by a Taiwan-based auto parts supplier to a different company located in Germany. 

The man impersonated employees to direct funds from Hota Industrial Manufacturing Co., Ltd. (Hota) to a different supplier, Schwabische Huttenwerke Automotive (SHW), whose relationship had previously been terminated. As part of the embezzlement scheme, the man is also accused of falsifying invoices and creating fraudulent accounts payable documents, which included bank account information and wire instructions. 

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San Jose, CA drug charges attorneyWhen facing any type of drug charges in California, it is a serious matter that requires immediate, aggressive legal representation. Even a small amount of a controlled substance could leave you facing heavy fines and a potential jail sentence. If you are in possession of larger amounts, drug sales could be inferred, exposing you to mandatory minimum penalties. Recent cases involving two men charged with drug sales and distribution-related crimes in San Jose show just how serious these situations are and what is at stake. 

Student Faces Federal Charges In San Jose For Drug Distribution App

One 18-year-old student at the University of California at Santa Cruz allegedly created a smart phone app that allowed him to sell meth, cocaine, and other drugs to fellow students and others near the campus area. The man went so far as to hang up posters advertising the app, which was available through the Apple store. 

The app became popular and caught the attention of both the local police and the U.S. Department of Homeland Security, which set up a sting operation using an undercover DHS officer to catch the man in the act. The student was arrested and indicted on drug distribution and possession charges in the San Jose federal court. He is currently awaiting bail and faces of up to $5 million in fines and up to 40 years in prison. 

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San Jose, CA assault and battery defense lawyerWhen people talk about violent crimes, assault and battery tend to go hand in hand. In common conversation, assault and battery are often used interchangeably, but they are not the same thing if you are speaking legally. In legal terms, assault and battery are two different charges that describe two different types of actions and two different sentences. It is important to understand what crime you have been charged with and what the consequences of a conviction of that crime would be. 

Assault

According to the California Penal Code, assault is an “unlawful attempt . . .  to commit a violent injury on the person of another.” This means that you can be charged with assault even if you did not actually hurt the other person -- you just attempted to hurt the other person. For assault charges to lead to a conviction, the prosecutor must prove that the defendant willingly committed an action that was likely to harm another person and that the defendant reasonably knew that his or her action would result in harm.

In California, simple assault is a misdemeanor, but charges could increase to felony charges depending on the circumstances of the case. If you committed assault on a police officer or public official, or you committed assault with a deadly weapon, charges could be increased to felonies. For simple assault, the consequences include misdemeanor probation, up to six months in county jail and/or up to $1,000 in fines.

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San Jose, CA murder charge attorneyIn common conversation, many terms are often used interchangeably. In everyday terms, murder, homicide and manslaughter can take on the same meaning, but in legal terms, they each have distinct meanings with very different consequences. To complicate this area of the law, murder has multiple degrees of charges, all which have different requirements and various punishments. California’s Penal Code goes into detail about each type of murder charge and the punishments that offenders face if they are convicted of the crime. 

Murder

Simply put, murder is the unlawful killing of a human being by another human being. In order for a killing to be considered murder, there must be “malice aforethought.” This means that the person accused of killing another person must be proven to have a blatant disrespect for human life or committed an act that had a very high probability that death would result from the act. Murder is classified into two charges: first-degree murder and second-degree murder.

First-Degree Murder: In order for first-degree murder charges to be brought, one of the following must be met:

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